Following the adoption of its 14th sanctions package against Russia, the European Union ("EU") extended the scope of its sanctions against Belarus with a view to "mirroring several of the restrictive measures already in place against Russia"1 and "making EU sanctions against Russia more effective".2
The legal texts, published on June 30, 2024,3 provide for significant amendments to Council Regulation (EC) No 765/2006 ("Regulation 765/2006"),4 to align part of the sanctions targeting Belarus with those applicable to Russia. Anti-circumvention tools applicable to Russia have been replicated for Belarus. This includes "No Belarus" contractual clause requirements, the introduction of best effort requirements vis-à-vis non-EU subsidiaries and specific compliance measures relating to Common High Priority Items. In addition, both export-related and import-related restrictions have been aligned with those targeting Russia, resulting in a substantial increase in the scope of controlled items and transactions. Prohibitions were also introduced to target new investments in the energy sector in Belarus, while services and software restrictions were imposed against the Government of Belarus, its public bodies, corporations and agencies. Road transport prohibitions have also been aligned with those applicable against Russia. At the same time, facilitations were introduced regarding the release of goods presented to customs before sanctions became applicable, to facilitate divestments from Belarus and to permit the recovery of damages caused by claims lodged outside the EU to force the execution of contracts or transactions affected by sanctions against Belarus. The list of partner countries has also been updated to mirror the one established under the Russian sanctions regime. Mirroring, again, the Russian sanctions regime, provisions on enforcement were introduced, notably through reporting obligations and clarifications of the concept of circumvention.
These new sanctions against Belarus entered into force at midnight on July 1, 2024.
The Council is now empowered to impose asset freeze measures against natural persons ("individuals") or legal persons, entities or bodies ("entities"):
National competent authorities ("NCA") can now authorize transactions which would otherwise be prohibited by asset freeze measures, where necessary for setting-up, certifying or evaluating a firewall, which seeks (i) to remove control by an asset freeze target over a non-listed entity it owns or controls and (ii) to ensure that no funds or economic resources accrue to the benefit of such asset freeze target.
Scope of the "No Belarus" requirement – Like for Russia, "No Belarus" contractual clause requirements now apply in relation to the following goods and technologies:
Accordingly, exporters must, when selling, supplying, transferring or exporting Sensitive Items to a third-country, (i) contractually prohibit re-exportation to or for use in Belarus, (ii) provide for adequate remedies in case this contractual obligation is breached and (iii) inform their NCA as soon as they become aware of such breach.
Exemptions – "No Belarus" contractual clause requirements do not apply to:
Potential extension to non-EU subsidiaries – Recitals clarify that the European Commission will monitor the situation to determine whether EU operators should require their non-EU subsidiaries to also use the "No Belarus" clause.
Individuals or entities required to comply with EU sanctions ("EU operators") must undertake their best efforts to ensure that non-EU entities they own or control ("non-EU subsidiaries") do not participate in activities that undermine the sanctions set forth in Regulation 765/2006.
In line with similar requirements introduced in the context of the EU's 14th sanctions package against Russia,7 recitals clarify that:
EU operators selling, supplying, transferring or exporting Common High Priority Items, as listed in Annex XXX of Regulation 765/2006, must as of January 2, 2025:
The above requirements do not apply to EU operators that sell, supply or transfer Common High Priority Items only within the EU or to partner countries.
Regulation 765/2006 now expressly prohibits the provision, in addition to technical assistance, of brokering services related to items listed in the Common Military List of the EU to any individual or entity in Belarus or for use in Belarus.
This amendment reflects existing requirements contained in Council Decision 2012/642/CFSP, which already required Member States to take measures to prohibit the provision of brokering services related to arms and related material of all types to any individual or entity in Belarus or for use in Belarus.
The transit via Belarus of the following items exported from the EU is now prohibited:
Limited exemptions and/or derogations may be available, in line with those applicable for existing export controls.
The sale, licensing and transfer of intellectual property rights ("IPR") or trade secrets, as well as granting rights to access or re-use any material or information protected by means of IPR or constituting trade secrets ("IPR and trade secrets provision") to any individual or entity in Belarus or for use in Belarus is prohibited in relation to the following items and to their provision, manufacture, maintenance and use:
Extended list of advanced technology items – Annex Va of Regulation 765/2006 has been revised to be aligned with Annex XXIII of Council Regulation (EU) No 833/2014 ("Regulation 833/2014"), providing for similar restrictions in relation to Russia.
New derogation for advanced technology items – NCAs may authorize certain transactions related to the fulfilment of maintenance obligations by Member States in areas under long-term lease agreements with Belarus.
Increased information sharing – Member States are required to exchange information on the application of export-related restrictions on dual-use and advanced technology items. This includes information on authorizations granted and denied, but also on requests for authorization received in the event of suspected forum shopping or other cases as appropriate. In addition, information on enforcement, infringement, penalties, best practices for national enforcement and detection and prosecution of unauthorized exports must be shared.
Updated list of machineries – Annex XIV already covered all products that were classified under heading 8539 of the EU's Combined Nomenclature ("CN"). The description of this heading has been aligned with the description of the CN to clarify that this covers "light-emitting diode (LED) light sources" and "parts thereof", in addition to "electric filament or discharge lamps, including sealed beam lamp units and ultraviolet or infra-red lamps; arc lamps; parts thereof".
New derogation – NCAs may authorize transactions involving machineries intended for certain diplomatic representations.
New derogations – NCAs may authorize:
New categories of export-controlled items – In order to align sanctions against Belarus with those targeting Russia under Regulation 833/2014, the following categories of items are now subject to export-related controls:
Scope of prohibitions – In relation to newly controlled categories of items, prohibition apply in relation to:
In addition, for industrial items listed in Annex XIX of Regulation 765/2006,9 transit of these items via Belarus is prohibited if they were exported from the EU.
Exemption and derogations – Exemptions and derogations have been introduced as follows:
Categories of controlled items | Exemptions(s) | Derogation(s) |
Industrial items |
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Maritime navigation goods |
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Luxury goods |
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Items suited for use in oil refining and liquefaction of natural gas |
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Extension of controls – In addition to mineral products listed in Annex VII of Regulation 765/2006, crude oil products, as listed in a new Annex XXIII of Regulation 765/2006, are now covered.
Scope of prohibitions – The scope of prohibitions applicable to mineral products and crude oil has been revised and aligned and now prohibits:
New exemptions for crude oil – In relation to crude oil, the above prohibitions do not apply to:
No impact on Russian crude oil imports through pipeline – As was previously the case, Regulation 765/2006 clarifies that restrictions on mineral products and crude oil are without prejudice to the transit through Belarus of crude oil under CN code 2709 00 delivered by pipeline from Russia into the EU, as currently permitted under Regulation 833/2014.
New Annex XXVII – A new Annex XXVII of Regulation 765/2006 identifies goods which allow Belarus to diversify its sources of revenue.
Scope of prohibitions – Regulation 765/2006 now prohibits:
Exemptions – The above prohibitions do not apply to:
Derogations – NCAs can authorize certain transactions related to:
Specific rules regarding vehicles – Specific rules apply regarding vehicles, as follows:
New Annexes XXI and XXII – New annexes XXI and XXII of Regulation 765/2006 cover, respectively, gold ("Annex XXI gold") and products made of gold (jewellery, goldsmiths, silversmiths of gold or containing gold or of metal clad with gold) ("Annex XXII gold products").
Scope of prohibitions – Regulation 765/2006 now prohibits:
Exemptions – The above prohibitions do not apply to:
Derogation – NCA can authorize certain transactions related to cultural goods on loan in the context of formal cultural cooperation with Belarus.
New Annex XXIX – A new Annex XXIX of Regulation 765/2006 covers diamonds and diamonds products according to three categories:
Scope of prohibitions – Regulation 765/2006 prohibits as of 1 July 2024:
Exemption – The above prohibitions do not apply to Part C diamond products for personal use of persons travelling to the EU and immediate family members traveling with them, owned by those persons and not intended for sale.
Derogation – NCAs may authorize certain transactions related to cultural goods on loan in the context of formal cultural cooperation with Belarus.
Definition of the "energy sector in Belarus" – In line with restrictions targeting Russia under Regulation 833/2014, restrictions now target the energy sector in Belarus, defined as covering the following activities with the exception of civil nuclear related activities:
Scope of prohibitions – In relation to non-EU entities operating in the energy sector in Belarus, it is prohibited to:
Derogations – NCAs may authorize certain transactions that:
Targeted parties – Prohibitions on the provision of specific services and software target:
While the scope of Targeted Parties is narrower than under Article 5n of Regulation 833/2014, "public corporations" encompass any "undertaking, other than a credit institution, established in Belarus with over 50 % public ownership, or under public control, as of 1 June 2021".
Prohibitions targeting services – The provision of the following services to Targeted Parties is prohibited:10
Prohibitions targeting software – The sale, supply, transfer, export or provision to Targeted Parties of software for the management of enterprises and software for industrial design and manufacture, as listed in a new Annex XXVI of Regulation 765/2006, is prohibited.
Prohibitions targeting associated services – Prohibitions apply to the provision of technical assistance, brokering services, other services, financing or financial assistance related to covered services and software for their provision to Targeted Parties.
Exemptions – The above prohibitions do not apply to:
Derogations – NCA may grant authorizations where necessary for:
In addition to road transport undertakings established in Belarus, the prohibition to transport goods by road within the territory of the EU has been extended to:
Furthermore, road transport undertaking that are 25% or more owned by Belarusian individual or entity are now prohibited from being admitted to become a road transport undertaking that transport goods by road within the territory of the EU.
EU road transport undertakings are required to provide information on their ownership structure to national competent authorities, upon request.
Prohibitions do not apply to road transport undertakings that are 25% or more owned by Belarusian individuals that are also EU citizens or residents.
Derogations available to road transport undertaking established in Belarus have also been extended to transport carried out by means of trailers or semi-trailers registered in Belarus.11
In line with facilitations provided for under Regulation 833/2014 for Russia, Regulation 765/2006 now clarifies that goods that were presented to customs before sanctions became applicable may be released, and all procedural steps for that purpose shall be allowed, provided that customs authorities (i) have no reasonable grounds to suspect circumvention and (ii) do not authorize re-export of the goods to Belarus.
Payments in relation to such goods must however remain consistent with the provisions and objectives of Regulation 765/2006.
Derogations pursuant to which NCA may authorize transactions that would otherwise fall under trade control measures or services and software restrictions, but are necessary for the divestment from Belarus or the wind-down of business activities in Belarus have been introduced and can be obtained until December 31, 2024.
This concerns:
The list of partner countries in Annex Vb of Regulation 765/2006, which was previously empty, now includes Norway, Switzerland, the United States of America, Japan, the United Kingdom, South Korea, Australia, Canada, New Zealand, Liechtenstein and Iceland.
Partner countries benefit from various exemptions or derogations under Regulation 765/2006.
EU operators are now required to supply information that facilitate the implementation of Regulation 765/2006 to their NCAs within two weeks of acquiring this information and cooperate with NCAs in any verification of such information.
Member States must then transmit relevant information within one month to the Commission, possibly in an anonymized form.
This obligation must be applied consistently with respect for the confidentiality of communications between lawyers and, in certain circumstances, other certified professionals and their clients.
In addition to violation and enforcement problems and judgments handed down by national courts, Member States are now expressly required to inform each other and the European Commission on penalties applied for infringements of EU sanctions under Regulation 765/2006.
Information exchanged, including with individuals or entities, to ensure enforcement of EU sanctions set forth in Regulation 765/2006 or prevent violation or circumvention is subject to professional secrecy and must enjoy the protection afforded by the rules applicable to EU institutions.
The same applies to joint proposals for amendments to Regulation 765/2006 and preparatory documents related to them.
Although no voluntary self-disclosure mechanism has been established, Regulation 765/2006 now provides that penalties may take take into account the voluntary, complete and timely self-disclosure of infringements of these Regulations as a mitigating factor, in accordance with respective national laws.
EU nationals and entities are entitled to seek the recovery of damages resulting from claims lodged with non-EU courts in connection with a contract or transaction the performance of which has been affected by EU sanctions imposed under Regulation 765/2006, whereas such claims would not have been satisfied in the EU due to the no claims clause, provided that the person concerned does not have effective access to the remedies under the relevant jurisdiction.
This reflects a similar action for damages introduced in Regulation 833/2014 against Russia, as part of efforts to reinforce the effectiveness of "no claims" clauses, which was jeopardized by claims made in third-countries.
In accordance with settled case-law, and as previously done in Regulation 833/2014 regarding Russia, the provisions on circumvention in Regulation 765/2006 have been reinforced to clarify that circumvention includes participating in activities the object or effect of which is to circumvent EU sanctions without deliberately seeking that object or effect but being aware that the participation can have that object or effect and accepting that possibility.
This clarification however merely reproduces the findings of the Court of Justice in the Afrasiabi precedent.12
1 Council, Belarus’ involvement in Russia’s war of aggression against Ukraine: new EU restrictive measures target trade, services, transport and anti-circumvention, June 29, 2024.
2 Commission, EU further extends the scope of sanctions on Belarus, June 29, 2024.
3 Council Decision (CFSP) 2024/1864 of 29 June 2024 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine and Council Regulation (EU) 2024/1865 of 29 June 2024 amending Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine.
4 Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures against President Lukashenko and certain officials of Belarus, OJ L 134, May 20, 2006, p. 1, as amended.
5 The list of partner countries currently consist of Norway, Switzerland, the United States of America, Japan, the United Kingdom, South Korea, Australia, Canada, New Zealand, Liechtenstein and Iceland.
6 Those contracts are subject to notification requirements within two weeks of conclusion.
7 Certain clarifications made in the context of the EU's 14th sanctions package are not reproduced in recitals of the sanctions targeting Belarus, but should apply by analogy. This notably concerns the assessment of "ownership" and "control". For further details, see Mayer Brown's Insight of June 25, 2024: EU Adopts 14th Sanctions Package Against Russia8 Annex XIVa of Regulation 765/2006 corresponds to a sub-set of Annex XIV.
9 Annex XIX of Regulation 765/2006 corresponds to a sub-set of Annex XVIII.
10 Those services are the same as those covered by Article 5n of Regulation 833/2014 in relation to Russia. In that regard, recitals clarify that the same definitions apply under Regulation 765/2006 and Regulation 833/2014.
11 This concerns derogations relating to certain transactions (i) related to natural gas and oil, titanium, aluminium, copper, nickel, palladium and iron ore, (ii) related to pharmaceutical, medical, agricultural and food products, (iii) for humanitarian purposes, (iv) related to certain diplomatic and consular representations in Belarus.
12 Judgment of 21 December 2011, Afrasiabi and Others, C-72/11, EU:C:2011:874.
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